BIKERnews

BIKERnews Nov 24

2007-11-27T08:59:25Z

Biker Republics, E-news for bikers
Home to The Extreme Activists of the Biker Rights Movement!

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Contents:
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1. Michael L. Hays June 17, 1955 to November 14, 2007
2. SC Freedom Fighter down
3. Australian state outlaws motorcycle gangs
4. Helmet Law Recommendation Unlikely From Task Force
5. Britney Spears hits paparazzi member on motorcycle... no charges
6. Biker Civics 101, by Splatt
7. Congressional Constitutional Contempt
8. ID Cards for Residents Pass a Vote in California
9. NFL Names Used to Steal Local Motorcycles
10. Man backs up truck into officer's motorcycle
11. HERO AND DORK of the week
12. Show your support for the fight.
http://www.bikerrepublic.org

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1. Michael L. Hays June 17, 1955 to November 14, 2007
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Michael L. Hays

On Wednesday, November 14,one of Tennessee’s most respected Freedom Fighters, Michael L. Hays (Twanger), died at his home in Nolensville of a heart attack. Mike was born in Pulaski, TN on June 17, 1955 to Harold Dean Hughes and Doris Ellen Baker Hughes Hays, who have both preceded him in death, as well as his respected stepfather, Freeman C. Hays, M.D.
An avid motorcyclist, he was the State Legislative Corporate Director for CMT/ABATE, the statewide motorcyclists rights organization, as well as that organization’s lobbyist. He was also a member of the Motorcycle Riders Foundation in Washington, DC, and recently lobbied on their behalf in the US Congress. Mr. Hays was also the sole proprietor his agency, Midsouth Talent & Booking. Prior to living in Nashville, Mike had been a radio announcer in Orange, VA, toured with his band, Mike Hays and the Haybailers, and prior to that had spent many years selling specialty audio equipment. Michael entered the US Navy in 1974, served honorably, and at the time of his discharge 1978 was a member of the Admiral’s band as singer and saxophonist.
Mike is survived by his immediate family: one brother; Paul M Hays (Cindy), Washington, DC and three sisters; Barbara Thomas (Cam), Underwood, WA, Pamela Johnson (Shannon), Elizabethton, TN, and Patricia Ruth Emory (Jimmy), Richmond, VA. Also surviving are his daughter, Michelle Diana Williams (Indianapolis, IN), two granddaughters Savannah & Taylor, and grandson Bishop. Mike will also be deeply missed by his life partner, Carol Simpson of Nolensville, her three children and six grandchildren, and additionally, by a true army of Brother & Sister Freedom Fighters and many of his friends in the music industry.
Visitation will be Monday, Nov 19,from 3pm to 5:45pm at Woodbine Hickory Chapel, 5852 Nolensville Road. The funeral service will be held at the same location beginning at 6pm. A buffet remembrance reception, hosted by brother Paul will be held at Mike and Carol’s home immediately following the service.
On Tuesday, Nov 20 a procession led by the Patriot Guard will take Mike’s remains from Hickory Chapel at 9:00 a.m. to Maplewood Cemetery in Pulaski where he will be laid to rest at 11 a.m. near to his father, Mr. Hughes, and his paternal grandparents.
Mike Hays was a man of faith, and had been close to the Methodist Church throughout his lifetime.
Special memorials may be made to CMT/ABATE, Mike Hays Freedom Fighter Fund, and P.O. BOX 160223, NASHVILLE, TN 37216-0223

Michael L (Twanger) Hays
June 17, 1955 -November 14, 2007
Nolensville, TN

Mike died from arteriosclerosis, enlarged heart, heart attack.
Draft copy of Obituary will follow before midnight tonight.
Monday November 19, 2007. Visitation at Woodbine Hickory Chapel 5852
Nolensville Road, Nashville, TN (just south of Bell Road) 3:00 p.m. to 6:00 p.m.
Funeral service 6:00 p.m. at same location. Service will include comments by
friends and family. Immediately following service will be buffet &
beverage celebratory reception for all at Carol and Mike’s home, graciously provided
by Mike’s brother, Paul Hays.

At 9:00 a.m. Tuesday, November 20, family and friends will gather at
Woodbine Hickory Chapel to escort Mike to Maplewood Cemetery in Pulaski, TN, where
he will be laid to rest next to his father, Harold Hughes at approximately
11:00a.m.

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2. SC Freedom Fighter down
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Tuesday, November 20, 2007 12:35 PM

Fred Uibel better known as FU was involved in a serious motorcycle accident last night. His odds of surviving this ordeal do not look very good at the moment the doctors are placing it between 10 and 20 percent. Please keep FU and his large family in your thoughts and prayers.

In addition to being retired USN FU is the current ABATE of SC Charleston County Chapter Coordinator and active participant in the WNC lidless rides.

FF

Fred "FU" Uibel did not recover from injuries sustained early
Tuesday morning in a tragic single vehicle motorcycle accident.

Fred died at approximately 10AM Wednesday, November 21, 2007.

Your thoughts and prayers are appreciated.

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3. Australian state outlaws motorcycle gangs
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Australian state outlaws motorcycle gangs
Globe and Mail, Canada - CANBERRA — An Australian state said on Tuesday it would ban motorcycle gangs such as the Hells Angels and the Bandidos in what the government said would be the world's toughest crackdown on “terrorists within our community.”
South Australian Premier Mike Rann named eight biker gangs he said were involved in murder, drug trafficking, prostitution, extortion and weapons smuggling.
“This is an evil within our nation and we in South Australia intend to lead Australia in the fight against biker gangs,” Mr. Rann told reporters.
Gangs targeted by the ban would include the Finks, the Rebels, the Gypsy Jokers, the Descendants, the Red Devils and the Mob Shitters.
“Someone's got to take the risk,” state Attorney-General Michael Atkinson said, dismissing fears that the ban would spark a violent war between police and outlaw gang members.
“All of us, from the premier down, the police and the director of public prosecutions have to put ourselves on the line in this struggle,” he said.
Motorcycle gangs have clashed with police in several Australian states. In May, authorities in New South Wales, including Sydney, began a crackdown on members said to be behind fire bombings, drug supply, money laundering and bribery.
The Australian Crime Commission's 2006 report found there were 35 outlaw motorcycle gangs in Australia, with 3,500 members. It said 10 gangs had opened 26 new chapters in all six states last year.
Police have blamed club defections for escalating violence including drive-by shootings at Sydney nightclubs, the firebombing of a Bandidos chapter, and shots fired into the tattoo shop of the Nomads national president.
In June, a Hells Angels member shot dead a man in central Melbourne and earlier this month police were called to the Perth compound of the Coffin Cheaters after two explosions and a subsequent fire caused extensive damage.
Mr. Rann said the ban would involve around 200 gang members, as well as associates. Outlawed gang members would be prohibited from meeting or communicating, or risk five-year jail terms.
“These people are terrorists within our community. We cannot find anywhere in the world where this level of response to biker gangs has been taken,” he said.
Police would also be empowered to dismantle gang headquarters and force members to account for any unexplained wealth or income.
“We are coming after them and we will hit them where it hurts by taking away their ill-gotten gains, their Harley-Davidsons and their liberty,” Mr. Atkinson said.

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4. Helmet Law Recommendation Unlikely From Task Force
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SOUTH CAROLINA:
http://www.wjbf.com/midatlantic/jbf/news_index.apx.-content-articles-JBF-2007-11-15-0011.html
Helmet Law Recommendation Unlikely From Task Force Motorcycle Safety Task Force members can't reach consensus to ask legislature to change law
Thursday, Nov 15, 2007 - 01:18 PM PhotoVideo In South Carolina, a motorcycle safety task force is looking for ways to cut down on the number of motorcycle deaths on the road. So far, 109 motorcyclists have already died this year...106 people died, altogether, last year. Some members of the task force have recommended a mandatory helmet law to bring these numbers down. But, the task force, as a whole, hasn't come to an agreement on whether there should be a universal law. Our Capitol reporter, Robert Kittle, has more...
Article Tools Email a Friend Reader Reaction RSS digg it Printer Friendly Sphere IT Save This Page By Robert Kittle Columbia, SC -- After months of talking about South Carolina's rising motorcycle fatality rate and what to do about it, the state's Motorcycle Safety Task Force is not likely to recommend that state lawmakers pass a mandatory helmet law.
"I think that the task force certainly supports the use of protective equipment, including the use of helmets," said Ed Harmon, who's been acting chairman of the task force. "But as far as supporting a universal helmet law here in the state of South Carolina, I really don't think that the task force will be able to come up with a consensus to recommend that."
He says even if the group did make that recommendation, he doesn't think the legislature would pass a mandatory helmet law.
The number of motorcyclists killed on South Carolina roads is 109 so far this year, already past the 106 who died in all of 2006. Of that 106, 73 were not wearing a helmet.
But members of the task force who are against a mandatory helmet law, motorcycle riders themselves, say we don't know how many of those 73 would have died regardless of whether they had on a helmet.
Those task force members, who are also members of ABATE, which stands for A Brotherhood Against Totalitarian Enactments, say they're not against helmets; they're against a law requiring them.
"We get bogged down into the statistics about it when it's really a freedom of choice," says Ralph Bell, a member of the task force and ABATE. "And if we can promote the use of it more and more throughout the news and different motorcycle groups, then we'll accomplish the same goal and we'll still keep our freedom of choice."
He wears a helmet sometimes when he rides, depending on traffic and weather conditions, how far he's riding and how he feels.
ABATE members want more motorcycle rider training, as well as a new motorcycle awareness program for car and truck drivers.
That might have helped motorcycle rider Bob Archer. Back in January, a car driver pulled out right in front of him, leaving him nowhere to go but into the side of the car. He severely injured his shoulder, broke his right arm and right leg in multiple places and almost lost his right foot. He's only recently started walking with a cane and his arm is still in a cast.
"I was not wearing a helmet, and I don't think a helmet would have helped my injuries at all. I didn't hit my head," he says. He wants to see more education for drivers so they'll do a better job of looking out for motorcycles. ABATE also wants tougher penalties for drivers who fail to yield the right-of-way to motorcyclists.
The opponents and supporters of a mandatory helmet law are approaching the issue of reducing fatalities from different angles. The riders are focusing on preventing accidents and say helmets won't affect that.
But supporters, like Harmon, say it's impossible to prevent every accident and helmets can help save lives when they do occur.
He says helmet usage is very much like seat belt usage in cars. "If we get to 100 percent seat belt usage here in South Carolina, which would be ideal, what that means is everyone who dies in an automobile crash will be buckled up. But statistics tell us that the numbers of people who die in traffic crashes would significantly be decreased."
The task force does agree that the state's motorcycle licensing process needs to be changed to close a loophole that allows someone to get a beginner's permit and renew it indefinitely, without ever passing a skills test.

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5. Britney Spears hits paparazzi member on motorcycle... no charges
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The "HAVES" have the capability to have stuff like this bounce off them, and not be charged.. the rest of us, who'd most likely be considered the "HAVE NOTS" would probably have been cited, and made to appear in court~!

Just an observation from the third pew from the end of the gallery!

Gypsy

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http://www.ecanadanow.com/news/entertainment/britney-spears-hits-photographer-on-motorcycle-20071114.html
Posted on: 14-11-2007 in Entertainment Hollywood (eCanadaNow) -
On Tuesday night Britney Spears apparently hit a member of the paparazzi. The man was driving a motorcycle and was hit by Britney Spears as she was trying to evade photographers at a Beverly Hills Hotel.
This comes as Spears is already facing hit-and-run charges as well as claims that she ran a red light last Friday with her kids in the car while on a cell phone.
The driver of the motorcycle was taken to the Ceder-Sinai Medical Center and had apparently very serious injuries.
This is not good as Britney Spears is set to head into an emergency custody hearing on Wednesday with Kevin Federline. Federline wants to ban Britney from driving with their kids. A video should be in the court's hand which will show Spears running the red light while on a cell phone last Friday in Los Angeles.
Spears will not face any charges for running the red light as police stated they can't go off of the video tape of someone.
With this news though that Spears has hit and hospitalized another member of the paparazzi, she may not have a good day in court.

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6. Biker Civics 101, by Splatt
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The un-censored - "pottymouth" version of this article is available from splatt's Biker Civics 101 archive at http://www.bikernation.net/bikercivics.htm

Biker Civics 101, by splatt

Alphabet Soup for Stealing Your Soul

"Alphabet soups" are what we call the faceless organizations that hide behind an acronym, a series of initials, hell-bent on making busy-work for themselves, to make it look like they're doing something meaningful to save humanity. I call it job security for useless people with little or no real-world skills. A whole batch of GovernMental™ and insurance-industry-sponsored alphabet soup organizations have set out to kill motorcycling and steal away your soul in 2007. Essentially, they'd like to remove motorcycles from the roadways, period. But like all faceless entities, they won't just come out and say that. Instead, they slink around in the shadows and play upon public fears and misconceptions to perpetuate their nonsense through today's modern media, which is rancid with "journalists" that scoop their content directly from a press release. The real problem is, alphabet soups and the journalists who serve them, rarely talk with anyone who actually RIDES a motorcycle.

One of my all time favorite alphabet soups is the U.N. (United Nations), a gaggle of mindless third world bureaucrats with bad accents that have never had a real job in all their lives, telling the rest of us how to live our lives by their utopian standards. What to eat, what God to worship (A Mother Nature based deity called "Gaia"), and even touting an international dress code for motorcyclists by using a bunch of Manson-stare-youth in the first United Nations World Youth Assembly on Road Safety. In April of 2007, the UN received assistance from the MIC (Motorcycle Industry Council) and the M$F (Motorcycle $afety Foundation) as they presented the UN with a completely moronic video titled, "Helmets: Get your head into it." VIEW IT at YouTube: http://www.youtube.com/watch?v=bHmRebeHvFo. Sheeesh, why they gotta make it so easy for us to get a good laugh?

On 9/11/07, the NTSB (National Transportation Safety Board) issued recommendations that states should require all motorcyclists and their passengers to wear Department of Transportation Federal Motor Vehicle Safety Standard (FMVSS) 218-compliant helmets. The NTSB is an agency that usually concerns itself with airplane and bus crashes. Dunno why they suddenly feel compelled to jump on the motorcycle bandwagon - their mission statement does not contain the word "motorcycle" and they were excommunicated from the DOT (Department of Transportation) in 1975. Their recent conclusions about motorcycle safety have a tell-tell-fishy-smell about 'em, and I strongly suspect they've come on board because they haven't yet been banned from lobbying states to pass lid laws, like the chief source for ALL fishy smelling data, the NHTSA. (National Highway Traffic Safety Administration) The NTSB press release was full of trite, "The facts are very clear- head injuries are a leading cause of deat
hs in motorcycle crashes," said NTSB Chairman Mark V. Rosenker. "The most important step riders can take in terms of protecting themselves and staying alive is to wear a DOT- compliant helmet every time they ride." Technically speaking, if I were to take Chairman Rosenker's quote at face value, an objective scientific experiment would stick a monkey in a magic helmet and sit him on a bike and press the start button. Riding just got that much easier! Sorry, Mr. Rosenker, skills and training save lives, a helmet only makes for a safer crash. My fool notion is to avoid the crash to begin with; I'm not too hip on the helmet's ability to save me from an SUV driving soccer mom crushing my thoracic. But thanks, anyway.

The FHWA (Federal Highway Administration) held a three-day Motorcycle Travel Symposium in October of 2007 with the purpose of improving the data used to calculate motorcycle VMT. (Vehicle Miles Traveled). VMT is utilized by the NHTSA, DOT and the NTSB via FARS (Fatality Analysis Reporting System) to figure out how many motorcycle riders die per mile traveled. They calculate deaths by the number of miles traveled, which is an amazing feat when you consider that South Dakota (and MANY other states) submitted ZERO miles traveled for many YEARS. I've done at least 6000 miles in SD in my lifetime, and nobody ever checked my odometer at the border. Maybe some geek in a white lab coat scribbled down my odometer reading while the bike was sitting on Main Street in Sturgis? He musta added a few extra zeroes when he got flashed by Silicone Sue!

NHTSA (National Highway Traffic Safety Administration) has been our nemesis for years, and is STILL recommending that all states pass mandatory helmet laws. Blah, blah, blah. I'll never understand why people, who don't trust our government, completely swallow any gibberish spewed from a government agency. There. That was easy. Suggested reading would be their new and improved "DOT compliant" terminology utilized in DOT HS 810 840, "Motorcycle Helmet Use in 2007 – Overall Results" available at http://www.nhtsa.gov/nhtsa/announce/810_840.pdf. I couldn't find the name, "Goebbels" in the document, but I know the Nazi propaganda minister has got to be behind the scenes, somehow, collecting a six figure salary at NHTSA.

The AHAS (Advocates for Highway and Auto Safety) makes its money by serving as a modern day Mata Hari for the insurance industry. AHAS spit up "15 Laws" they want states to enact to reduce the number of deaths on the nation's roads, and Law #2 asks states to adopt an "All rider motorcycle helmet law." An article featuring the AHAS power-grab appeared in the Fall 2007 magazine sent to all Geico (Government Employees Insurance Company) insurance customers. In 2007, AHAS also released a memo entitled, "Top Reasons Why Every State Should Pass an All-Rider Motorcycle Helmet Law" in which item #6 decries, "There is no scientific evidence that motorcycle rider training reduces crash risk and is an adequate substitute for an all-rider helmet law." Oddly, the AHAS website promotes the TOP TEN reasons to pass a dress code, but click on the link and you'll only see 7 reasons. I'm sure AHAS probably uses cheap overseas labor for their website data entry. And we're supposed to trust t
heir statistics?

IIHS (Insurance Institute for Highway Safety) is another batch of senseless do-gooders funded by the insurance industry. On 9/11/07 (is there a theme here?) IIHS released a slam against sport-bike riders; " Supersports have the highest death rates and worst overall insurance losses among all types of motorcycles, new analyses by the Institute and Highway Loss Data Institute (HLDI) reveal. Motorcyclists who ride supersports have driver death rates per 10,000 registered motorcycles nearly 4 times higher than rates for motorcyclists who ride all other types of bikes." Gee, kids, France is now limiting motorcycles to less than 100 horsepower, ya don't think IIHS will try to bring that to America? Darn tootin'. Maybe it's time to join ABATE. (American Brotherhood Aimed Towards Education)

The alphabet soups hope to remove ALL risk from life by making FUN into a nasty three letter word. They tout flawed studies and nonsensical surveys, but not once have they ever asked ME, what is right for ME. I guess I'm not responsible enough to decide things for myself. Well, I don't need any alphabet soup tryin' to save me from myself, I already have a mother. Just because they got fancy acronyms on their letterhead and they get paid to mimic the human sphincter muscle, doesn't make 'em any better at being mothers. But they're real "mothers", alright....they certainly got that part right.

Splatt serves as Assistant State Director for ABATE of California . A Voting Member of ABATEPAC, he also sits on the ABATE of California Board of Directors. He rides 20,000 miles a year on the "Fisher-Price Deathmobile™" and devotes much of his free time to fighting for your right to ride by stirring up strife through his hokey little website at www.bikernation.net.

Copyright © 2007 Splatt.
Reproduction permitted with attribution - under the following conditions;
A. Please include the "official" photo of splatt which is attached to this article...not some cheesy clip-art that has nothing to do the article.
B. Please include a hyper-link to splatt's website at http://www.bikernation.net
C. Please send a copy(s) of your magazine/newsletter to splatt's publicist; Dr. Peter Pantzoff, P.O. Box 444, Rancho Mirage, CA 92270

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7. Congressional Constitutional Contempt
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http://www.gmu.edu/departments/economics/wew/articles/07/congressionalconstitutionalcontempt.htm

A MINORITY VIEW
BY WALTER E. WILLIAMS
RELEASE: WEDNESDAY, OCTOBER 24, 2007, AND THEREAFTER

Congressional Constitutional Contempt

Here's the oath of office administered to members of the House and Senate: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." A similar oath is sworn to by the president and federal judges.

In each new Congress since 1995, Rep. John Shadegg, R-Ariz., has introduced the Enumerated Powers Act (HR 1359). The Act, which has yet to be enacted into law,
reads: "Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that
Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief."

Simply put, if enacted, the Enumerated Powers Act would require Congress to specify the basis of authority in the U.S. Constitution for the enactment of laws and other congressional actions. HR 1359 has 28 co-sponsors in the House of Representatives.

When Shadegg introduced the Enumerated Powers Act, he explained that the Constitution gives the federal government great, but limited, powers. Its framers
granted Congress, as the central mechanism for protecting liberty, specific rather than general powers. The Constitution gives Congress 18 specific enumerated powers, spelled out mostly in Article 1, Section 8. The framers reinforced that enumeration be
the 10th Amendment, which reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people."

Just a few of the numerous statements by our founders demonstrate that their vision and the vision of Shadegg's Enumerated Powers Act are one and the same. James Madison, in explaining the Constitution in Federalist Paper No. 45, said, "The powers delegated
by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce."

Regarding the "general welfare" clause so often used as a justification for bigger government, Thomas Jefferson said, "Congress has not unlimited powers to
provide for the general welfare, but only those specifically enumerated." James Madison said, "If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the government is no longer a limited one possessing
enumerated powers, but an indefinite one subject to particular exceptions."

Congressmen, openly refusing to live up to their oath of office, exhibit their deep contempt for our Constitution. The question I've not been able to answer satisfactorily is whether that contempt simply mirrors a similar contempt held by most of the
American people. I'm sure that if founders such as James Madison, John Adams or Thomas Jefferson were campaigning for the 2008 presidential elections,
expressing their vision of the federal government's role, today's Americans would run them out of town on a rail. Does that hostility reflect constitutional ignorance whereby the average American thinks the Constitution authorizes Congress to do anything upon
which they can get a majority vote or anything that's a good idea? Or, are Americans contemptuous of the constitutional limitations placed on the federal government?

I salute the bravery of Rep. Shadegg and the 28 co-sponsors of the Enumerated Powers Act. They have a monumental struggle. Congress is not alone in its
constitutional contempt, but is joined by the White House and particularly the constitutionally derelict U.S. Supreme Court.

Walter E. Williams is a professor of economics at George Mason University. To find out more about Walter E. Williams and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com

Penny Adams
Virginia Freedom Riders - Legislative Officer
Member - Biker Republic
misspenny@vfr-race.com
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8. ID Cards for Residents Pass a Vote in California
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www.nytimes.com/2007/11/15/us/15frisco.html?_r=1&ref=us&oref=slogin

November 15, 2007
ID Cards for Residents Pass a Vote in California
By JESSE McKINLEY

SAN FRANCISCO, Nov. 14 - The San Francisco Board of Supervisors has
given preliminary approval to an ordinance allowing municipal
identification cards to be issued to anyone living in the city,
regardless of their legal status.

The proposal passed the first of two required votes on Tuesday night,
putting San Francisco, with a population of 725,000, on track to become
the largest city in the nation to issue identification cards to anyone
who requests one and proves residence.

In June, New Haven, Conn., passed a similar measure, believed to be the
first in the nation. Since then, several other cities, including New
York, have floated the idea.

In San Francisco, supporters said that the ordinance was intended to
make life easier for the large number of illegal immigrants working in
the city, many of whom cannot get access to services because they have
no formal identification. The city already has a "sanctuary" policy
forbidding local law enforcement or other officials to assist with
immigration enforcement.

"I think it's admitting the reality of the situation that we depend on,
our tourist and hotel industry depends on, a labor force that's supplied
by, for lack of a better term, undocumented residents," said Tom
Ammiano, the supervisor who sponsored the bill. Mr. Ammiano described
the measure as "a passport of sorts," to "take the kid to the library or
open a bank account, or report a crime without being deported."

Supporters and opponents of such measures said states and cities were
more likely to take up issues like this one since Congress rejected a
comprehensive immigration bill this year.

"The brass ring collapsed in Congress, so the people on the ground are
still trying to think of things that are going to help this issue down
the road," said Steven A. Camarota, director of research for the Center
for Immigration Studies in Washington, which advocates stronger
enforcement of current laws.

And while Mr. Camarota said the card's uses would be largely symbolic,
he said passage of the ordinance might force Democratic presidential
candidates to talk more about immigration, an issue that public opinion
polls show is of concern to many voters and has already been part of the
Republican campaign.

"It keeps the issue on the front burner," he said.

Supporters of the ordinance say it has more practical effects, including
crime prevention. John Trasviña, the president and general counsel of
the Mexican American Legal Defense and Educational Fund in Los Angeles,
said he had recently received several reports of so-called SOM, or Sock
on Mexican, attacks in the Los Angeles area, crimes he hoped might be
reduced if victims came forward.

"The victims are living in a cash economy, and they are reluctant to go
to the police," Mr. Trasviña said. "Having an ID card addresses both of
those issues: it reduces the reliance on cash, because it opens up the
opportunities for banking, and it takes away a barrier between community
and police."

Mr. Ammiano said the card would also be useful to other groups without
government-issued identification, including the elderly, students and
transgendered people, who have long found a sympathetic home here.

The bill, which passed the first vote by 10 to 1, will be taken up by
the board again before going to Mayor Gavin Newsom, who has indicated
his general support.

If the experience in New Haven is any indication, the demand for the
card here could be strong. More than 4,800 cards have been handed out
since late July, said Kica Matos, the New Haven community services
administrator, with a "significant number" going to illegal immigrants.

"The second day there was a line halfway down the block, and by the
third it was all the way down," Ms. Matos said.

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9. NFL Names Used to Steal Local Motorcycles
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http://www.kake.com/news/headlines/11600641.html
NFL Names Used to Steal Local Motorcycles
Posted: 1:29 PM Nov 19, 2007 Last Updated: 8:04 PM Nov 19, 2007 Email Address: chris.frank@kake.com
Area police are looking for two men who used stolen identities connected to the NFL to buy high-dollar motorcycles.
The motorcycles were purchased on Nov 13 and Nov 15 at Alef's Harley Davidson and Big Dog motorcycles, respectively.
The first case happened at Alef's in Park City when a man used the stolen identity of Gary Sayre, a former draft pick of the Washington Redskins. The man was allowed to leave with a Harley Davidson V-Rod - Night Rod, mostly black and chrome, with the vehicle identification number ending 8614. The suspect in this case is a White Male 40's 5'5" tall, 180 pounds, blonde, with a goatee, and a rose tattoo on his left hand. His photo is shown below.
The 2nd case happened last Thursday at Big Dog, when a man claiming to be Dexter Coakley purchased a 2008 Big Dog motorcycle, valued at $35,000.
The "K-9" model chopper is silver in color with light blue skulls painted on it, and darker silver flames. It has a vehicle identification number ending with 0088, and had a thirty day KS tag number 017530. An image of that suspect on a security camera is shown below.
Coakley is a former Dallas Cowboy who most recently played with the St Louis Rams.
If anyone has information on this case, please contact the Auto Theft section of the Wichita Police Department at 316.268.4336, the Park City Police Department at 316.744.2011, or Crimestoppers at 316.267.2111.

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10. Man backs up truck into officer's motorcycle
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http://www.azcentral.com/community/gilbert/articles/1113gr-motorofficer1113-ON.html
Man backs up truck into officer's motorcycle
Lars Jacoby
The Arizona Republic
Nov. 13, 2007 10:38 AM
A Gilbert Police officer was not seriously injured after a suspected drunken driver backed his truck into the officer's motorcycle during a traffic stop.

Officer Robert DeMichiel had pulled over Bryon Roseboom, 25, for expired license plates Thursdaynear the intersection of Higley and Guadalupe roads. Police say DeMichiel was still on the motorcycle when Roseboom put his 2001 GMC pickup into reverse and accelerated into the bike.

DeMichiel was thrown forward into the windshield of the motorcycle, but was able to remain on his feet despite the bike being turned over to the ground, according to police.

Roseboom attempted to flee the scene as DeMichiel was ordering him to stop.

Police said DeMichiel was able to remove Roseboom from the driver's seat of the truck and place him under arrest. He was booked on charges of aggravated assault on an officer, aggravated DUI, driving with a suspended license and for an outstanding arrest warrant.

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11. HERO AND DORK of the week
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HERO: Physicians at the University of Mississippi Medical Center
Decapitated Man Regains Full Neurological Function
http://www.associatedcontent.com/article/438791/decapitated_man_regains_full_neurological.html

Physicians at the University of Mississippi Medical Center have performed a surgical procedure that has restored just about full function to a patient who was virtually decapitated.

Mark Barnett, 24, was an avid biker and on biking home from work, where he had just received a promotion and was in line for another one on September 6th. With just 3 miles to go, he was struck be a car, went through the car's windshield and by the time he came to rest on the side of the road, he was so badly beaten that many people thought he was a deer who had been run over.

The only thing he remembers is waking up in the hospital and being unable to move his right arm and both of his legs and just barley being able to move his left arm.

The impact from the accident was so severe that it dislocated the joint between his skull and cervical spine. In most cases like this, the patient does not live long enough to even make it to the hospital.

In this injury the connection is also broken between the brain and the spinal cord. In this case, the injury was hard enough to cause the injury, but not hard enough for a complete spinal cord injury. But statistically, he was decapitated.

When he first arrived in the emergency room, his neck was immobilized in a collar and he was intubated. They then took X-rays which showed the dislocation. They chose to do a bony fusion, known a as a arthrodesis. In this type of procedure, a Y shaped plate is anchored to a keel of bone located at the back of the skull, then it is screwed into the spine. Most of the time, the skull is connected lower down on the spine because it is an easier procedure. And the place where it should be connected, the first cervical vertebra is usually unsuitable because of its involvement in the accident.

But in this case, the dislocated joint was not damaged, so it could be used and they used a special plate to connect to the first cervical vertebra If it had not been, he would have lost much of his range of motion in his neck.

When the surgery is successful, the bone structure completely recovers. But that does not mean that the neurological function will return.
He began a very rigorous regimen of daily physical therapy and as he began to regain function on his upper extremities he made up a list of what he wanted to accomplish.

His determination paid off and after a few months there was only one more thing to accomplish and that was to regain normal vision. His vision returned very slowly, from being about to see clearly for just 6 inches to waking up one morning months later and being able to see across the street.

It is less than a year after the accident and there are very few signs of what he has gone through. Aside frm having a raspy viced because the intubation paralyzed a vocal cord, he does not have full range of motion in his neck, and his right arm is not back up to full strength, but he is working full time, exercising and hunting, and studying for his CPA exam.

And as soon as he gets the go ahead from the doctors, he will be back on the bicycle.

The physician who performed the surgery is Dr. H. Louis Harkey, professor of neurosurgery at UMC and the person who holds the patten on the surgical plate.

Sopurce: University of Mississippi Medical Center http://newswise.com

DORK: Matthew Allan, 21
http://origin.mercurynews.com/breakingnews/ci_7450509?nclick_check=1
Man arrested after ramming motorcycle officer
By Robert Salonga
STAFF WRITER
Article Launched: 11/13/2007 07:30:01 AM PST

SAN RAMON -- A Pleasanton man arrested Monday night after ramming his car into a motorcycle officer is also suspected of two separate hit-and-run incidents that evening, police said.
Matthew Allan, 21, was arrested and booked into County Jail on suspicion of hit-and-run, assault with a deadly weapon on a peace officer and driving under the influence. He is being held on $250,000 bail.
Police said an officer saw Allan driving recklessly on Crow Canyon Road at Camino Ramon around 6:20 p.m., and that his 2003 Dodge Stratus was leaking vehicle fluid on the road.
When Allan parked his car in the parking lot of a nearby Carl's Jr. restaurant, the officer approached the vehicle. Police said Allan then backed up the car, hitting the officer and his motorcycle before fleeing the scene.
The incident sparked a multi-agency search involving police from San Ramon and Danville as well as the Contra Costa County Sheriff's Office. By this time, authorities had received multiple calls about hit-and-run accidents on northbound Interstate 680 in the area describing Allan's car, which was soon found abandoned near the Stone Valley Road offramp.
Allan was found nearby and arrested, police said.
Further investigation connected Allan to a hit-and-run accident with two other vehicles on Interstate 680 minutes before to the officer-related incident, after which witnesses said he exited to Crow Canyon Road. Then, after striking the officer, Allan was suspected to have been involved in a second hit-and-run north of Greenbrook Drive in Danville.
The officer struck by Allan's car was treated at a local hospital and released. No one else was injured in the series of incidents.
Reach Robert Salonga at 925-943-8013 or rsalonga@bayareanewsgroup.com.

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12.
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The Biker Republic has formed to fight the overbearing government intrusion into our lives. Our primary is the fight for biker rights. These two fights are intertwined and cannot be compromised. The average citizen is now aware our liberties are steadily being whittled away. We are working to stop this erosion of liberty and while simultaneously working to restore lost liberties. To this end we are active in the political, legislative, and judicial arenas. Our only charity is to help our fellow bikers and restore liberty. We are dedicated to returning to the roots of the motorcycle rights movement. We are the premier news and information source for biker rights activists.

Subscribe to BIKERnews via email by entering your email address below:

BIKERnews Nov. 3

2007-11-06T10:11:20Z

Biker Republics, E-news for bikers
Home to The Extreme Activists of the Biker Rights Movement!

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Contents:
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1. NHTSA ODI Complaint Site
2. DOT Announces Broad New Effort to Reduce Motorcycle Fatalities
3. Gang Member Is Convicted Under Terror Law
4. Promising Practices Result in Promising Information for MD
5. Contesting a traffic ticket with GPS
6. ABATE of DE to Contribute Over $8,000 to California Judicial Fund
7. Motorcycle Checkpoints and Your Rights
8. Yes, Accidents Happen. But Why?
9. Philippines: Bikers must wear helmets, bill says
10. Deer-motorcycle wrecks on the rise in Iowa
11. HERO AND DORK of the week
12. Show your support for the fight.
http://www.bikerrepublic.org

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1. NHTSA ODI Complaint Site
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This is an e-mail from 'Biker Court' Message: Hey Bikers! Please pass this message on to everyone you know who rides a motorcycle, and ask them to pass it along to at least 5 more bikers. We need to spread the word to every motorcyclist in the country. For years, we have been complaining about motorcycle helmets and about mandatory helmet laws, and for years, the government has not listened. They continue to force helmets onto our heads whether we like it or not. It is time to COMPLAIN LOUDLY and OFTEN. Here’s how: The government has a computer system where we should all be filing our complaints. It is relatively unused. After several years, there are only about 20 complaints about motorcycle helmets on file. Let’s change that. Let’s let the government know every complaint we have about helmets. Let’s let them know how we do not like to be forced to wear helmets. We must complain loudly and often, or else they will think we are complacent. Please file a complaint about your h
elmet now. If you are fed up with helmets and mandatory helmet laws, and are ready to file a complaint right now, visit the NHTSA ODI Complaint Site at
http://www-odi.nhtsa.dot.gov
Visit Bikers of Lesser Tolerance (B.O.L.T.) for more information at
http://boltusa.org
This action is inspired by freedom fighters everywhere, such as Richard “Quig” Quigley, who used to call and complain to the NHTSA almost every day, even after his living wake, and right up until the day he died of lymphoma in 2007. Other freedom fighters, not just from B.O.L.T. but everywhere constantly complain also. Let’s spread the word to start filing official complaints. Please help fight for our rights. Civil liberties are important! Thank you! Please be sure to pass this message along to everyone you know who rides motorcycles!

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2. DOT Announces Broad New Effort to Reduce Motorcycle Fatalities
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www.dot.gov/affairs/dot11507.htm

DOT 115-07
Friday, November 2, 2007
Contact: Brian Turmail
Tel.: (202) 366-4570

U.S. Transportation Secretary Peters Announces Broad New Effort to
Reduce Motorcycle Fatalities – Releases a Public Service Announcement on
Her Personal Crash Survival

WASHINGTON, D.C. – To combat the alarming trend of rising motorcycle
injuries and fatalities, U.S. Secretary of Transportation Mary E. Peters
today announced a comprehensive new federal initiative to improve
motorcycle safety with more rider education and training, tougher
standards for helmet certification labeling, law enforcement training,
and road designs that consider motorcycle dynamics.

Secretary Peters – an avid motorcyclist – also released a television
public service announcement where she credits her riding gear for saving
her life during a 2005 motorcycle crash.

“Take it from a motorcycle enthusiast who also happens to be the U.S.
Secretary of Transportation,” Secretary Peters says in the PSA. “Check
your bike before each ride, wear all your safety equipment and ride with
others so you’re more visible. If I hadn’t taken those safety
precautions, I wouldn’t be standing here today.”

Peters said the motorcycle safety initiative will create new national
safety and training standards for novice riders, curb counterfeit helmet
labeling so that consumers can be certain they are buying DOT-certified
helmets, place new focus on motorcycle-specific road improvements, and
provide training to law enforcement officers on how to spot unsafe
motorcyclists. In addition, Peters said, the plan includes a broad
public awareness campaign – including the PSA - on safe riding
techniques.

Secretary Peters said she is one of the many “baby-boomers” who have
recently returned to riding after years of shelving their bikes in lieu
of family and careers. In August 2005, she suffered a broken collarbone
after a crash on a two-lane highway just north of Tucson, Arizona.

For more information on DOT’s new motorcycle safety initiative, to watch
Secretary Peters’ PSA, or for the report on the new motorcycle fatality
statistics, please visit www.NHTSA.dot.gov.
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3. Gang Member Is Convicted Under Terror Law
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www.nytimes.com/2007/11/01/nyregion/01terror.html?_r=1&ref=nyregion&page
wanted=all&oref=slogin

November 1, 2007

Gang Member Is Convicted Under Terror Law
By TIMOTHY WILLIAMS

In the weeks after Sept. 11, 2001, 36 states enacted laws that would guarantee harsher sentences in terrorism cases. Gov. George E. Pataki signed New York’s law within six days of the attack. Like the others, it was aimed at international terrorism organizations like Al Qaeda.

But yesterday, in State Supreme Court in the Bronx, jurors for the first time found a defendant guilty under New York’s statute, and he did not fit the stereotype of a terrorist. The defendant, Edgar Morales, is a 25-year-old recreational soccer player and gang member who fatally shot a 10-year-old girl and wounded a second man outside a christening party in 2002.

Mr. Morales, a baby-faced construction worker, was a member of the St. James Boys, a gang described in the trial as being formed by Mexican immigrants to protect themselves from being assaulted and robbed by other gangs in the west Bronx.

Robert T. Johnson, the Bronx district attorney, was criticized by some lawmakers when he used the statute against Mr. Morales two years ago; some said it was not the law’s intended use.

But just as racketeering laws aimed at mobsters have since been used in other crimes, Mr. Johnson said, the terrorism charge fit because Mr. Morales and his gang had terrorized Mexicans and Mexican-Americans in the west Bronx for years through violence and intimidation. It also provided for a far more substantial sentence.

The jury deliberated for four days after testimony ended last Thursday, but despite their disagreements on other elements of the case, jurors said yesterday they had concluded very early that Mr. Morales was guilty of terrorism.

“When you fire a gun into a crowd, whether you hit your intended victim or not, you scare people, you make them fearful for their lives, and that’s why, in my opinion, the terrorism charges applied,” said a juror who identified herself only by her first name, Linnea. Like the other jurors, she did not want to be identified because the case involved gang members and a killing.

Another juror said she had been hesitant about using the terrorism statute against Mr. Morales when prosecutors presented evidence, but once Justice Michael A. Gross told them on the trial’s final day that terrorism was defined as an act meant to “intimidate or coerce a civilian population,” her reluctance dissolved.

Still another member of the jury said, “When we think of terrorism, we think of Sept. 11th, so I was skeptical at first, but when we heard the definition of terrorism — to inflict fear and to dominate — from the get-go we agreed.”

Other states have used their terrorism statutes, which were seen as largely ceremonial when they were introduced because major terrorism cases were likely to be prosecuted by the federal government. Still, the Virginia antiterror law was used in to convict John A. Muhammad, who was convicted of masterminding 16 sniper shootings in the Washington area in 2002 that killed 10 people. He has been sentenced to death.

In a statement after the verdict in the Bronx case was announced, Mr. Johnson reiterated that the terrorism charge had been applied properly. “These were callous acts that resulted in the life of an innocent child being snuffed out,” he said. “The jury’s finding of terrorism is significant in determining an appropriate punishment.”

The verdict quickly drew criticism from both ends of the political spectrum, as some wondered whether it would lead to a deluge of new prosecutions using the same approach.

Timothy Lynch, director of the Project on Criminal Justice at the Cato Institute, a libertarian research organization, said the New York law and others like it had no place being used to prosecute gang members.

“Lawmakers were told after Sept. 11th that we needed new laws, and it’s become kind of a bait-and-switch, because lo and behold, they are not being used against Al Qaeda, they’re being used against ordinary street crime,” Mr. Lynch said.

Donna Lieberman, executive director of the New York Civil Liberties Union, whose views are often the opposite of the Cato Institute’s, also criticized the terror application in the trial.

“Without commenting on the manslaughter and attempted murder convictions, the pile-on of a terrorism charge is indeed a matter of concern,” she said. “The law was pitched as New York’s way to protect itself against Al Qaeda and the like. No matter what horrific crimes were committed against the Mexican-American community, that’s not
terrorism.”

The Bronx jury convicted Mr. Morales of first-degree manslaughter, attempted murder, criminal possession of a weapon and conspiracy, each with the additional element of terrorism, which is likely to increase his prison term significantly when he is sentenced Nov. 14.

The terrorism component increases each crime one level — a B felony becomes an A felony, for instance, raising a potential 15-year sentence to 25 years to life.

Dino Lombardi, Mr. Morales’s lawyer, said he would probably appeal the verdict because he did not think the terrorism charge was appropriate. Before the trial began, Mr. Lombardi had argued against the application of terrorism charges in a gang murder case, but he softened his stance yesterday.

“We may be looking at a future where this is a justifiable application for these types of gangs that don’t have a money-making motive, as opposed to traditional organized crime operations, but this gang was directed to inflict themselves mainly on rival gangs,” said Mr. Lombardi, drawing a distinction between gang members and other civilians.

The terror legislation was sponsored by Michael A. L. Balboni, then a state senator from Nassau County, who has called its use by Mr. Johnson an “unanticipated application.” Mr. Balboni, who now oversees the state’s Office of Homeland Security, did not return a call seeking comment yesterday.

The shooting occurred on Aug. 18, 2002, when Malenny Mendez, 10, went with friends to a christening party at a church.

Also at the party were Mr. Morales and a group of other members of the St. James Boys, who had come uninvited and with at least one handgun.

After getting into a fight with other partygoers, the St. James Boys decided to seek retribution.

Mr. Morales, who did not testify at the trial, had previously acknowledged handling a gun that evening and being a member of the gang.

The only witness who testified that he saw Mr. Morales shoot the gun was Enrique Sanchez, another member of the St. James Boys, who was among those present that night. In a deal with prosecutors, Mr. Sanchez agreed to testify against Mr. Morales in exchange for the chance to plead guilty to second-degree murder.

Mr. Sanchez said he watched Mr. Morales fire the .38-caliber revolver, killing Malenny with a bullet to the head, and striking Javier Tocchimani, 32, three times, leaving him paralyzed.

Though jurors said they did not believe portions of Mr. Sanchez’s testimony, they blamed Mr. Morales for not leaving once he felt that a shooting would take place.

“He knew about the gang, he knew what it was all about, he saw there was a problem that night, why didn’t he leave?” one juror said. “Why didn’t he drop the gun when it was handed to him?”

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4. Promising Practices Result in Promising Information for MD
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www.smsa.org/reports/restricted/leading_edge/2007-fall.php#conference

Taken from SMSA "The Leading Edge - Fall 2007" newsletter

Promising Practices Result in Promising Information for MD

In 2006, the Maryland Motor Vehicle Administration (MVA) was awarded a
National Highway Traffic Safety Administration Promising Practice
grant.
The grant will allow the MVA to develop an Internet based central
scheduling system and a comprehensive data collection system.
All the Maryland training centers will be required to use the central
scheduling system to schedule individuals for their rider education
courses. The centers will have access to the system to add their course
schedules and any special motorcycle event. Customers can log on to the
Internet site select a training center or ask for the next available
opening in a course. Once they start the registration process the
position is held until they pay the course fee or cancel out. Customers
cannot be scheduled for multiple courses, but they can cancel a course
and reschedule.
Standby and walk in customers will also use the system. Each training
center will have access to the system to schedule these individuals. In
addition to scheduling rider education courses, the system will be used
to schedule licensing skill tests for individuals electing not to take a
course. This will allow the MVA to start the process to collect
information on everyone becoming a motorcycle operator.
When the rider education course is completed, the instructors will open
the Internet site to report the course participant scores. The
completion report will be based on the course roster created through the
central scheduling process. The report will collect the scores from the
knowledge test, the skill test and whether on not the participant would
qualify for a motorcycle license. On the skill test, each the score on
each skill test will be logged on the report. The instructor will
submit the report to the MVA and a record will be created for each
individual in what has been called the Motorcycle File. If the course
participant qualifies for a motorcycle license, the file will update
that person's driving record indicating the individual now holds a
motorcycle license. This Motorcycle File will not maintain a record of
this individual to track when the individual got the motorcycle license,
if person registered a motorcycle, if the individual completed
additional training, if the individual was convicted for a moving
violation on a motorcycle, if the person was in a motorcycle crash, if
the person went to the hospital, the injuries received and the cost for
medical treatment. Nothing in the file will be over written or erased.
This Motorcycle File will also gather information on everyone applying
for a motorcycle learner's permit, the number of times the individual
took the knowledge and skill tests, the score for each test, when the
license was issued or if the person never completed the licensing
process. Once in the file the MVA will collect the same information as
the individual that completed a rider-training course.
Once a year the information in the file will be sent the Maryland
National Study Center to be analyzed. The National Study Center will be
able to identify trends and the impact of rider education and licensing
on motorcycle crashes, injuries and fatalities.
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5. Contesting a traffic ticket with GPS
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WINDSOR, California (AP) -- Given the option of contesting
a traffic ticket, most motorists -- 19 out of 20 by some
estimates -- would rather pay up than pit their word
against a police officer's in court.

Though courts do not routinely accept GPS readouts as
evidence, some drivers are starting to use them to
challenge traffic violations.

A retired sheriff's deputy nevertheless hopes to beat the
long odds of the law by setting the performance of a police
officer's radar gun against the accuracy of the GPS
tracking device he installed in his teenage stepson's car.

The retired deputy, Roger Rude, readily admits his
17-year-old stepson, Shaun Malone, enjoys putting the pedal
to the metal. That's why he and Shaun's mother insisted on
putting a global positioning system that monitors the
location and speed of the boy's Toyota Celica.

Shaun complained bitterly about his electronic chaperone
until it became his new best friend on July 4, when he was
pulled over and cited for going 62 mph in a 45 mph zone.

Rude encouraged him to fight the ticket after the log he
downloaded using software provided by the GPS unit's
Colorado-based supplier showed Shaun was going the speed
limit within 100 feet of where a Petaluma officer clocked
him speeding.

"I'm not trying to get a guilty kid off," Rude said. "I've
always had faith in our justice system. I would like to see
the truth prevail and I would like Shaun to see that the
system works."

Don't Miss
Special Report: Your Digital World
Though traffic courts do not routinely accept GPS readouts
as evidence of a vehicle's speed -- and many GPS receivers
aren't capable of keeping records anyway -- some tech-savvy
drivers around the world slowly are starting to use the
technology to challenge moving violations, according to
anecdotal accounts from defense lawyers and law enforcement
officials.

This summer, for instance, an Australian farmer became a
hero to speeders everywhere when he got a ticket dismissed
after presenting police with data from his tracking device.

While winning a case this way is far from a sure thing,
GPS-generated evidence could at least inject an element of
doubt into typically one-sided proceedings, said Jim
Baxter, president of the National Motorists Association.

A Sonoma County traffic commissioner is expected to rule
within the next two weeks whether to dismiss Shaun's ticket
based on Rude's written argument that the motorcycle
officer's radar gun was either improperly calibrated or
thrown off by another speeding car.

"Radar is a pretty good tool, but it's not an infallible
tool," said Rude, who spent 31 years in law enforcement.
"With the GPS tracker, there is no doubt about it. There is
no human interference."

Rude plans to offer scientific data and experts if his
challenge doesn't succeed right away.

Petaluma police Lt. John Edwards said he could not discuss
Shaun's case but disputed Rude's contention that GPS is
more accurate than a speed gun.

"GPS works on satellite signals, so you have a delay of
some type," Edwards said. "Is it a couple-second delay? A
30-second delay? Because in that time people can speed up,
slow down."

The device in Shaun's car, originally designed for trucking
companies, rental car agencies and other businesses with
fleets, sends a signal every 30 seconds that records his
whereabouts and travel speed.

His parents signed up to be automatically notified by
e-mail whenever he exceeded 70 mph, and the one time he did
he lost his driving privileges for 10 days.

Rude said he is talking about the ticket -- Shaun has tried
to stay out of it -- to encourage other parents to keep
tabs on their teenage drivers using GPS. He said he has
told too many parents their child was killed in a wreck.

David W. Brown, a Monterey lawyer and author of "Fight Your
Ticket in California," said attacking the reliability of
radar guns does not usually get speeders very far,
especially if they are unwilling to devote extra time and
money to hiring legal experts.

Still, among people who do challenge tickets, the
proportion who triumph is relatively large, he said. Their
technique? Betting the officer who cited them will be
unable to make it to court.

"Statistically, when people do prevail, that is the most
common method," he said.

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6. ABATE of DE to Contribute Over $8,000 to California Judicial Fund
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ABATE of DE to Contribute Over $8,000 to California Judicial Fund
http://nccabate.com/legislative_announcement_Oct_31_07.pdf

ABATE of Delaware, and its three county Chapters (New Castle, Kent, and Sussex) have raised $8,300 for the California Judicial Fund.

The final amount will be realized at the State Board meeting scheduled for December and sent to our brothers and sisters in California via the Judicial Fund.

As many of you know, ABATE and BOLT of California put out a nationwide alert seeking funds to help in their effort to seek declatory relief in a decision that was recently made concerning their mandatory helmet law.

Because the law mandates that all helmets must meet the definition of FMVSS 218 the Court ruled that this was vague and unconstitutional.

The California Highway Patrol has disregarded the Court’s decision and continues to issue tickets to individual motorcyclists they feel are in violation of the law as they interpret it.

There has been legal action taken on behalf of the biking community seeking declaratory relief and a statewide injunction against the California Highway Patrol. The results of this case will have an impact nationwide, by setting a precedent that can be used coast to coast.

With the above mentioned amount of money that ABATE of Delaware has collected, it represents approximately $8.00 per member. A small price to pay for your Freedom of Choice.

We are releasing this announcement as a challenge to all SMROs in every state in the nation to match what our little State has done.

ABATE of Delaware is proud to represent the State that started this nation, and first on board with the desperately needed funds to maintain our freedom.

In Solidarity,

Gary K. (Hildy) Hilderbrand
State Legislative Coordinator

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7. Motorcycle Checkpoints and Your Rights
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Motorcycle Checkpoints and Your Rights

The New York State Police, along with local police and sheriff department
personal, conducted a motorcycle safety checkpoint on October 9, 2007. They
checked for proper licenses, safety helmets, exhaust systems and other
safety and regulatory violations. In the report, it was stated that the
checkpoint was to increase motorcycle safety by insuring compliance with
applicable Vehicle & Traffic Laws and they expected to expand this program
statewide in the summer of 2008.

Roadblocks are used to stop individuals who otherwise would not be. The
courts have found them legal and a legitimate law enforcement tactic but
this does not mean you don't have rights once you enter a roadblock.

Law enforcement does not have the authority to search you or your bike
without probable cause. This is your Fourth Amendment right. If they ask you
for permission, then it's likely they don't have a reason to do so. Never
permit a voluntary search of your person or bike, or take off your helmet.
Many times an officer will persist or will say to you something similar to
"if you don't have anything to hide, why object to a search?". This should
be met with a response that you do not consent to any searches of your
private property.

If the law enforcement suspects a DUI/DWI, do not say that you have had a
drink. You do not have to answer questions about where you have been or
where you are going, whether or not you have been drinking or what items are
contained in your bike. The Fifth Amendment protects you against
self-incrimination and you do not have to answer any questions that the
police ask you. Also decline taking the field sobriety test and request a
blood test.

You have a right to terminate your encounter with law enforcement unless you
are being detained under police custody or have been arrested. You can ask
the officer "Am I free to go?". If the answer is yes, leave immediately.
The officer may avoid the question or ask you unrelated questions, persist
by asking, "am I being detained, or can I go now?" If you are detained and
placed under arrest, do not answer any questions without your attorney
present. Assert your Fifth and Six Amendments rights by saying these exact
words: "Officer, I have nothing to say until I speak with a lawyer."

Also be aware that law enforcement vehicles are equipped with audio and
video recording devices and are activated as soon as the lights go on.
Remain calm, courteous and non-confrontational at all times.
The New York Freedom Riders oppose roadblocks but would like you to know
your rights if you encounter them.

http://www.newyorkfreedomriders.com/

New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders
PO Box 92151
Rochester, NY 14692
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8. Yes, Accidents Happen. But Why?
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www.nytimes.com/2007/10/24/automobiles/autospecial/24accident.html?_r=1&
oref=slogin

October 24, 2007
Yes, Accidents Happen. But Why?
By ROBERT STRAUSS

WHEN Fred Mannering takes his vintage MG sports car out for a spin, he
always leaves plenty of room between the car in front of him and the MG.
He brakes slowly and deliberately. He rarely speeds, and if he were to
go fast, it would be only on a superhighway with little traffic.

"My other car is newer, with good antilock brakes and air bags, so I
don't take nearly as much care," said Dr. Mannering, a Purdue University
professor of civil engineering who studies the causes and results of
traffic accidents. In that way, he may reflect the behavior of the
average driver, governed by hard-to-quantify influences.

Dr. Mannering's study of accidents in Washington State from 1992 to
1997, a period during which air bags and antilock brakes became
prevalent, showed that counter to what would seem logical, there was no
major reduction in accidents even with the spread of two seemingly
effective safety features.

"It just shows how hard it is to determine what causes an accident," he
said. "The one thing you might conclude - it's called an offset
hypothesis - is that people have an acceptance of a level of safety. If
they felt safer because of the air bags and brakes, then maybe they
drove faster or switched the radio on and off more to, so to speak,
compensate.

"What seems like an exact science - determining who or what causes
accidents - is actually quite difficult," Dr. Mannering said.

Insurance companies, carmakers, inventors, safety advocates and clearly
drivers themselves all have an interest in learning about what might
reduce the number of accidents or at least make them less severe. Yet
there is surprisingly little data to help them.

"Speeding causes crashes," said Anne McCartt, senior vice president for
research at the Insurance Institute for Highway Safety, a nonprofit
group financed by auto insurers. "Running through a red light causes
crashes. Drinking alcohol certainly causes crashes, but to what extent?
That has been difficult to determine."

Rob Foss, a senior research scientist at the University of North
Carolina Highway Safety Research Center, confirmed the elusive nature of
pinpointing the causes. "I guess all we can safely say we know with
certainty is that virtually all crashes are caused by a series of things
coming together all at once," he said. "Driving after you have too much
to drink is dangerous, but, strangely, we don't know how much, despite
laws that have alcohol limits. Many people take trips after having too
much to drink and manage to get home."

Part of the problem stems from the limitations of researchers'
information. Often they depend on police reports, which can be reliable
for some things, like what kind of car is involved or the extent of
injuries. But other factors - like distractions - may not exist in
police reports. A driver is unlikely, for one, to tell an officer that
he was using a cellphone, especially if he thinks it will increase his
liability.

"Putting in place a good crash investigation and maintaining good data
for these kinds of analyses is complicated and thus expensive," said
Peter Kissinger, chief executive of the AAA Foundation for Traffic
Safety. "It's not the kind of thing which a political leader in a state
has the patience to see through. They would rather put some money for
roads as opposed to investing in something as unsexy as maintaining a
good crash database."

The Strategic Highway Research Program at the National Academy of
Sciences may change that. The program will gather raw data from about
1,000 cars equipped with minicameras, motion-detection sensors and other
devices to monitor cars and their drivers. The program expands a pilot
study done at Virginia Tech University.

The Virginia study came to some preliminary conclusions:
Nearly 80 percent of crashes and 65 percent of near crashes were caused
by distractions that made the driver look away for up to three seconds.
Drivers ages 18 to 20 were up to four times more likely to have an
inattention-related accident than older drivers.
Driver drowsiness was involved in 20 percent of all crashes.
All 14 of the rear-end crashes in the study happened when the lead car
was stopped.

"For the last 30 years, the emphasis has been on injury prevention and
modification of vehicles because that seemed to be where the payoff
was," said Dr. Kenneth Campbell, chief program officer for safety at the
Strategic Highway Research Program, who will direct the five-year study.
"That has slowed." He said that traffic fatalities in the United States
have remained at about 40,000 a year for the last decade or so.

"Now the technology is available to separate out things like alcohol use
and different kinds of distractions, and the condition in which people
keep a car and all sorts of variables," he said. "It is long in coming,
but soon we'll know what really does cause car accidents."
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9. Philippines: Bikers must wear helmets, bill says
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http://www.manilastandardtoday.com/?page=politics2_nov2_2007
Bikers must wear helmets, bill says By Romie Evangelista
Amid the rising cases of road accidents involving motorcycle riders, three party-list lawmakers have filed a bill seeking stiffer penalties for bikers caught without helmets while on road travel.
Buhay party-list Reps. Rene Velarde, Ma. Carissa Coscolluela and Willima Irwin Tieng also sought the imposition of stiffer penalties on manufacturers producing substandard helmets.
Their House Bill 1983 is seeking a penalty of P1,000 to P2,000 for the first-time offenders; P2,500 to P3,000 for second-time offenders and P3,500 to P5,000 for third-time offenders.
A third-time offender will have his driver’s license suspended for one month and be imprisoned for one month based on the court’s discretion.
For the manufacturers of substandard helmets, the bill is seeking a penalty of P5,000 up to P50,000 and suspension or cancellation of their business permit.
In order to stop the proliferation and sale of substandard helmets, Velarde said the measure would require the Land Transportation Office to install an LTO sticker on the helmets that meet safety standards. “The bill proposes to declare as a national policy the mandatory use of safety helmets.”
Velarde said that since 1961, the Australian government had been implementing its Helmet Act and numerous other countries, including the United States, have adopted a similar law.
“It is easy enough to see how many fatalities, as a result of motorcycle crashes, could have been prevented if only the operator and the rider wore an approved safety helmet,” the lawmakers said.

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10. Deer-motorcycle wrecks on the rise in Iowa
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http://www.kptm.com/Global/story.asp?S=7302064&nav=menu606_2

Deer-motorcycle wrecks on the rise in Iowa

Associated Press - November 2, 2007 9:34 AM ET

DES MOINES, Iowa (AP) - The number of deadly crashes between
motorcycles and deer is on the rise in Iowa.

Officials say ten people have been killed so far this year.

Eight motorcyclists died in crashes with deer. Two others died when
their motorcycles hit a deer and then collided with another vehicle.

Officials say motorcyclists need to be extra careful this time of
year. More deer are on the move because of the breeding season and
the fall harvest.

Meanwhile, officials say the increase in deadly accidents linked to
deer is a factor in the upward trend of overall motorcycles death in
Iowa. As of late October, 58 drivers and passengers have been killed in 2007.

That's the most in Iowa since 1988, which also had 58 deadly
motorcycle accidents.

Information from: The Des Moines Register, http://www.desmoinesregister.com
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11. HERO AND DORK of the week
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HERO: Those who get it!!
Not necessarily biker related, but if you think about this, there is a lot of truth to it.
How To Catch Wild Pigs

There was a Chemistry professor in a large college that had some
Exchange students in the class. One day while the class was in
the lab the Prof noticed one young man (exchange student) who kept rubbing
his back and stretching as if his back hurt. The professor asked the
young man what was the matter. The student told him he had a bullet
lodged in his back. He had been shot while fighting communists in his
native country who were trying to overthrow his country's government and
install a new communist government.

In the midst of his story he looked at the professor and asked a strange
question. He asked, ' Do you know how to catch wild pigs?'

The professor thought it was a joke and asked for the punch line. The
young man said this was no joke. 'You catch wild pigs by finding a
suitable place in the woods and putting corn on the ground. The
pigs find it and begin to come everyday to eat the free corn. When
they are used to coming every day, you put a fence down one side of the
place where they are used to coming. When they get used to the fence,
they begin to eat the corn again and you put up another side of the fence.
They get used to that and start to eat again. You continue until you have
all four sides of the fence up with a gate in the last side. The pigs,
who are used to the free corn, start to come through the gate to eat, you
slam the gate on them and catch the whole herd.

Suddenly the wild pigs have lost their freedom. They run around and
around inside the fence, but they are caught. Soon they go back to
eating the free corn. They are so used to it that they have forgotten
how to forage in the woods for themselves, so they accept their captivity.

The young man then told the professor that is exactly what he sees
happening to America The government keeps pushing us toward
Communism/socialism and keeps spreading the free corn out in the
form of programs such as supplemental income, tax credit for unearned
income, tobacco subsidies, dairy subsidies, payments not to plant crops,
welfare, medicine, drugs, etc. While we continually lose our
freedoms-just a little at a time.

DORK: Fred Phelps and his two daughters, Phelps-Roper and Rebekah Phelps-Davis

Funeral Protests Cost Church $11 Million
By ALEX DOMINGUEZ,
Posted: 2007-11-01 06:11:08
Filed Under: Nation News

BALTIMORE (Nov. 1) -Members of a fundamentalist Kansas church ordered to pay
nearly $11 million in damages to a grieving father smiled as they walked out
of the courtroom, vowing that the verdict would not deter them from
protesting at military funerals.

"Absolutely, don't you understand this was an act in futility?" said Shirley
Phelps-Roper, whose father founded the Westboro Baptist Church.

They believe that U.S. deaths in the Iraq war are punishment for the
nation's tolerance of homosexuality. They say they are entitled to protest at
funerals under the First Amendment, which guarantees freedom of speech and religion.

Albert Snyder sued the Topeka, Kan., church after a protest last year at the
funeral of his son, Marine Lance Cpl. Matthew Snyder, who was killed in
Iraq. He claimed the protests intruded upon what should have been a private
ceremony and sullied his memory of the event.

A jury agreed. On Wednesday, the church and three of its leaders — Fred
Phelps and his two daughters, Phelps-Roper and Rebekah Phelps-Davis — were found
liable for invasion of privacy and intent to inflict emotional distress.

Jurors awarded Snyder $2.9 million in compensatory damages and $8 million in
punitive damages.

It's unclear whether Snyder will be able to collect the damages.

The assets of the church and the defendants are less than a million dollars,
mainly in homes, cars and retirement accounts, defense attorney Jonathan
Katz said. The church has about 75 members and is funded by tithing.

Craig Trebilcock, one of Snyder's lawyers, had asked jurors to question the
truthfulness of the defendants' financial documents, one of which show
Phelps-Davis having only $306 in the bank. He noted that Phelps-Davis is a
practicing attorney, who could afford to travel to spread the church’s message.

"Rebekah Phelps-Davis has $306? She must be using Priceline.com. It doesn't
make any sense," Trebilcock said.

The attorney had urged jurors to award damages that would send a message to
the church: "Do not bring your circus of hate to Maryland again."

Trebilcock later called the verdict "Judgment Day for the Westboro Baptist
Church."

"They’re always talking about other people's Judgment Day. Well, this is
theirs," he said.

Snyder sobbed when he heard the verdict, while members of the church greeted
the news with tightlipped smiles.

They are confident the award will be overturned on appeal, Phelps said.

"Oh, it will take about five minutes to get that thing reversed," he said.

Another of Snyder’s attorneys, Sean Summers, said he would tirelessly seek
payment of the award.

"We will chase them forever if it takes that long," he said.

A number of states have passed laws regarding funeral protests, and Congress
has passed a law prohibiting such protests at federal cemeteries. Snyder's
lawsuit is believed to be the first filed by the family of a fallen serviceman.

Snyder, of York, Pa., said he hoped other families would consider suing.

"The goal wasn't about the money, it was to set a precedent so other people
could do the same thing," he said.

Earlier in the day, church members staged a demonstration outside the
federal courthouse, while passing motorists honked and shouted insults.

Phelps held a sign emblazoned with "God is your enemy," while Phelps-Roper
stood on an American flag as she carried a sign that proclaimed "God hates fag
enablers." Members of the group also sang "God Hates America," to the tune
of "God Bless America."

_http://news.aol.com/story/nc/_a/funeral-protests-cost-church-11-million/20071
031193009990001_
(http://news.aol.com/story/nc/_a/funeral-protests-cost-church-11-million/20071031193009990001)

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12.
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The Biker Republic has formed to fight the overbearing government intrusion into our lives. Our primary is the fight for biker rights. These two fights are intertwined and cannot be compromised. The average citizen is now aware our liberties are steadily being whittled away. We are working to stop this erosion of liberty and while simultaneously working to restore lost liberties. To this end we are active in the political, legislative, and judicial arenas. Our only charity is to help our fellow bikers and restore liberty. We are dedicated to returning to the roots of the motorcycle rights movement. We are the premier news and information source for biker rights activists.

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